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Motorcycle Road Guard Certificate

Possible New Rules Governing Motorcycle Road Guard Certificate

Minnesota Rules, possible new chapter

Summary: The Minnesota Department of Public Safety (DPS) is considering amending Minnesota Rules by adding a new chapter in order to implement the provisions of the motorcycle road guard certificate law that was enacted in Laws 2012, chapter 287.  (See article 3, sec. 27, 43). The rules are needed to establish safety and equipment requirements, curriculum content, and the fee for a person to obtain a motorcycle road guard certificate.
 
Status of rulemaking: The proposed new rule was published in the State Register, Monday, November 4, 2013, and a hearing was held on December 18, 2013.
 
Road Guard Updates:
Driver and Vehicle Services (DVS) provided a final response to the Office of Administrative Hearings (OAH) on January 14, 2014. OAH provided a Hearing Notice based on DVS’ Final Response on February 20, 2014. Changes required by OAH were made to the proposed rule and accepted by the Administrative Law Judge.
 
A final note has been sent to the Governor’s Office for final approval. Once approval is given, DVS will obtain the final rule form from the Revisor’s Office and publish the rule to the State Registrar. The DVS Website will post the rule once it is published. Check back in late April or mid-May.
 
Training for Road Guard Certification is being developed by MMSC. Training will begin one year after the rule has been published.
 
Notices: New documents relating to the Motorcycle Road Guard are posted below. Please contact DVS with questions, or for more information contact the DVS Rules Coordinator at dvs.rules@state.mn.us.
 
Available documents:
§    Motorcycle Road Guard Public Comments (as of 12/17/2013)
§    Notice of Public Hearing (12/4/2013)
§    Meeting Agenda for February 15, 2013 
§    Meeting Agenda for December 7, 2012
§    Meeting Agenda for November 1, 2012
§    Meeting Agenda for September 17, 2012​
§    Request for Comments (published in the State Register, 06/25/2012)
 
Administrative Hearing Exhibits:
Exhibit A. Request for Comments published in the State Register, Volume 36, SR 1622, June 25, 2012;
Exhibit B.
the petition for rulemaking, if the rule was proposed in response to it (not applicable);
Exhibit C. the proposed rule, including the revisor’s approval;
Exhibit D. the statement of need and reasonableness (SONAR);
Exhibit E. a copy of the certificate communication showing that the agency sent an electronic copy of the SONAR to the Legislative Reference Library;
Exhibit F. the notice of hearing or dual notice as mailed and published in the State Register;
Exhibit G. the certificate of mailing the notice of hearing and certificate and certificate of accuracy of the mailing list; 
Exhibit H. a certificate of additional notice if given or a copy of the transmittal letter;
Exhibit I. the written comments on the proposed rules received by the agency during the comment period;
Exhibit J. if the Chief ALJ has authorized the agency to omit from the notice of hearing published in the State Register the text of any proposed rules, a copy of the document authorizing the omission (not applicable);
Exhibit K. any other document or evidence to show compliance with any other law or rule which the agency is required to follow in adopting this rule;  
K.1. certificate of mailing the request for comments to legislators and parties on the agency rulemaking list;
K.2. approval by the administrative law judge of the dual notice of hearing and order on review of additional notice plan and dual notice plan
K.3. a copy of the certificate of mailing and dual notice of hearing and sonar to legislators and the legislative coordinating commission
K.4. Minnesota Management and Budget (MMB) approval letter;
K.5. notice of hearing if 25 or more persons request a hearing
K.6. agency authority to adopt rules pursuant to Minnesota Laws, 2012, Chapter 287, Article 3, Section 27, 43

Exhibit L. Equipment required for Road Guards under proposed rules Part 7422.0100, Subpart 16, and Part 7422.1100 Subpart 1-2
Exhibit M. Rule Outline
Exhibit N. Rule parts and balance of the rule
Exhibit O. Advisory Committee Roster
Exhibit P. Advisory Committee Experience Grid
Exhibit Q. Rule Development
Exhibit R. Road Guard Hearing Talking Points - Tribute to the Troops (TTTT)
Exhibit S. Minnesota Law Enforcement Agency Reference List
Exhibit T. Road Guard Hearing Testimony - Richard Martin

Post Hearing Comments:

  1. Mr. Richard Martin Sr. Comment
  2. Mr. Jim Woodruff - Tribute To The Troops of Minnesota Comment
  3. Mr. Donald Drew - Twin Cities Motorcycle Club Comment (Link to video commentary included in document)
  4. Mr. Robert Beers Comment
  5. Mr. Donovan McKigney Comment
  6. Mr. Jim Woodruff Comment
  7. Mr. Richard Martin Comment
  8. Mr. Robert Leslie Comment
  9. Mr. Robert Carroll Comment
  10. Ms. Carla Tappainer Comment
  11. Mr. Mark Ceminsky Comment
  12. Ms. Jean Boe and Mr. David Boe Comment
  13. Mr. Mark Backlund Comment
  14. Mr. Jim Woodruff Comment 2

DPS Response to Public Comments

DPS Transmittal Memorandum

Appendices

Document 1 – Bassett Testimony 
Document 2 – Ken Johnson Statement, MnDOT
Document 3 – William Shaffer Statement, Office of Traffic Safety
Document 4 – Major Silkey Statement
Document 5 – DPS Hearing Panel Background and Experience

DPS Final Response

Road Guard Final Response Cover Letter
Road Guard Admin Hearing Final Response

Office of Administrative Hearing Notice
Order of the Chief Administrative Law - Judge Tammy L. Pust
Order of the Administrative Law - Judge Eric L. Lipman